Arrest and Detention

So You’re Busted The arresting police officer must: 1. Identify him/herself and the accused. 2. Tell the accused that they are under arrest. 3. Tell the accused why they are under arrest. 4. The police officer must touch the accused to symbolize that the accused is in custody.

The Accused’s Rights must be informed of the reason for the arrest has the right to retain counsel ( and must be informed of that right - - see page 202 in text) has the right to remain silent if no lawyer is present has the right to refuse testing of urine and blood samples, and to refuse a line up for identification purposes

The Police’s Rights have the right to search the person under arrest have the right to take the arrested person down to the police station have the right to fingerprint the accused if the offense is indictable

Questioning The police must have reasonable grounds for suspecting the offender. Must have evidence Depending on the amount of evidence collected, the police may make an arrest either before or after questioning.  Procedures for dealing with suspects have been codified in the Criminal Code, developed thru case law and entrenched in the Charter.

More Questioning Once they have been informed of his/her rights, anything the accused says to the police or puts in writing can be used against them.  Police officers are not allowed to force a suspect to answer their questions. 

Apprehending an Offender 3 ways Appearance Notice Arrest with a Warrant Arrest without a Warrant

Appearance Notice For most Summary Convictions offenses and less serious indictable offences. Issued an Appearance Notice Telling the accused to show up in court at a certain date and time. Failure to show??? – Bench Warrant issued Arrested and “Failure to Appear” added on.

Arrest with a Warrant A Summons For indictable offenses, but police think the accused will show up voluntarily. Informs the accused of charges and when to appear. Failure to show??? – Bench Warrant issued Arrested and “Failure to Appear” added on.

Arrest with a Warrant cont’d Arrest Warrant A written court order directing the police to arrest the suspect. For indictable offenses, but police think the accused will not show up voluntarily. Police lay an Information (details of an offense under oath), and the judge makes the call on whether to issue a warrant.

Arrest without a Warrant For Police and Peace Officers (mayors, prison guards, customs officials, pilots, etc.) Can happen if: Reasonable grounds that a person committed an offense or is about to commit one. Person in the act of committing a criminal offense. Find a person who they believe is on an arrest warrant.

See pg 203 for Criminal Code outline. Citizen’s arrest Arrest by someone other than a peace officer Most common type is for shoplifting Ex. Store Detective, salesperson Suspect must immediately be turned over to a peace officer See pg 203 for Criminal Code outline.

Can citizens arrest a suspect if… a person has committed a summary offence? (No) a person is about to commit an indictable offence? a person is found committing an indictable offence? (Yes) a person is being pursued by the police? a person is stealing a motor boat?

Police must follow proper procedure when searching for evidence. Search Laws The right to Privacy is guaranteed under the Charter of Rights and Freedoms. Police must follow proper procedure when searching for evidence.

Search Warrant Must have one to search a specific location (eg. private home) Just like an Arrest Warrant, Police lay an Information (details of an offense under oath), and the judge makes the call on whether to issue a warrant. Police must follow rules. Only search a residence between 6am and 9pm. Only evidence listed on the warrant can be collected. Any illegal substances, with the exception of drugs, liquor and firearms must be left alone. No people in the house can be searched.

Searching in a Public Place No warrant needed. Any person can be searched in a public place if the police have reason to suspect someone.

Searching a Person Police do not have to obtain a warrant to search a person they have just arrested. Usually a cursory "pat-down" to check for weapons or concealed evidence.  Strip searches The Supreme Court of Canada has laid down strict guidelines about how these may be conducted.  Done at the Police Station

Case Study Read R. Vs. Golden, pg 209. Answer Questions 1-3